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HomeMy WebLinkAboutC87-103 Lease with USAV:7�77j LLS Department of kansporFation Fedwd Aviation Adn*dstration NORTHWEST MOUNTAIN REGION 17900 Pacific Highway South, ANM-56 C-68966 Seattle, Washington 98168 300914 BOOK - PA G oatcPAG �flll�NE`T`�`l� i'H3L,Y 0 IT Y_� U M, JWR i J 1 43 32 P '87 LEASE between THE COUNTY OF EAGLE, COLORADO and THE UNITED STATES OF AMERICA This LEASE, made and entered into this ,X2 day of V-4 in the year one thousand nine hundred and eighty six C by and between The County of Eagle, Colorado 4 whose address is Eagle, Colorado 187-103- 17 Lease No.:` DTFA11-86-L-00155 FSS, Eagle, Colorado for itself and its h'E;i'r3%Xe'fcWiSNXW'i4li"MM, successors, and assigns, hereinafter called the Lessor and the UNITED STATES DE AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned covenant and agree as follows-. 1. For the term beginning July 1, 1986 and ending September 30, 19 86 the Lessor hereby leases to the Government the following described property, hereinafter called the premises, viz: A parcel of land located in Tract 55 and Section 3 all in Township 5 South, Range 85 West of the Sixth Principal Meridian according to the Independent Resurvey of said township and range as approved by the U.S. Surveyor General's office in Denver, Colorado on June 20, 1922. All bearings contained herein being relative to a bearing of North 00021'00" East on the line from the witness corner for angle point 3 of Tract 57 to angle point 2 of Tract 57. Said Parcel being more particularly described as follows: Beginning at the southwest corner of said parcel whence a Brass Cap set for angle point 4 of Tract 59 , also being angle point 3 of Tract 56, angle point 1 of Tract 60 and angle point 2 of Tract 57 bears South 34°37'07" West, 1805.77 feet; Thence South 88018'14" East, 120.98 feet; Thence North O1°4`'1'45" East, 78.16 feet; Thence North 88018'14" West, 120.77 feet; Thence South 01°51'00" West, 78.16 feet to the point of beginningand containing 0.217 acres, more or less. rAA 1-UKM 4423-2 Pg. 1 (8-81) Supersedes Previous Edition •.> Y %fill Lease No.:DTFA11-86-L-00155 a. Together with a right-of-way for ingress to and egress from the premises; a right-of-way or rights-of-way for establishingand maintaining a pole line or pole lines for extending electric power, and telecommunications facilities to the premises; and right-of-way for subsurface power, communication and water lines to the premises; all rights-of-way to be over the said lands and adjoining lands of the lessor, and unless herein described by metes and bounds, to be by routes reasonably determined to be the most convenient to the Government. b. And the right of grading. conditioning, and installing drainage facilities, and seeding the soil of the premises, and the removal of all obstructions from the premises which may constitute a hindrance to the establishment and maintenance of air navigation and telecommunications facilities. c. And the right to make alterations. attach fixtures, and erect additions, structures, or signs, in or upon the premises hereby leased, which alterations, fixtures, additions. structures or signs so placed in or upon, or attached to the said premises shall be and remain the property of the Government, and may be removed upon the date of expiration or termination of this lease, or within ninety (90) days thereafter, by or on behalf of the Government, or its grantees, or purchasers of said alterations, fixtures, additions, structures, or signs. 2. This lease may, at the option of the Government, be renewed from year to year and otherwise upon the terms and conditions herein specified. The Government's option shall be deemed exercised and the lease renewed each year for one (1) year unless the Government gives the Lessor thirty (30) days written notice that it will not exercise its option before this lease or any renewal thereof expires; PROVIDED that no renewal shall extend this lease beyond the 30th day of September 19 91. �3. The Government shall pay the Lessor rental for the premises in the amount of no monetary consideration r4in the form of rental, it being mutually agreed that the rights extended to the 1011Government herein are in of the obligations assumed by the Government in its establishment, operation, and maintenance of facilities uppn the premises and without cost for each annual renewal exercised by the Government hereafter. 4. The Government may terminate this lease. in whole or in part, at any time by giving at least thirty (30 ) days notice in writing to the Lessor, and no rental shall accrue after the effective date of termination. Said notice shall be sent by certified or registered mail. 5. The Government shall surrender possession of theremises upon the date of expiration or termination of this lease. If the Lessor by written notice at least ninety (90) days before the date of expiration or termination requests restoration of the premises, the Government at its option shall within ninety (90) days after such expiration or termination, or within such additional time as maybe mutually agreed upon, either( 1) restore the premises to as good condition as that existing at the time of the Government's initial entry upon the premises under this lease or any preceding lease (changes to the premises in accordance with paragraph 1.(a), L(b)and 1.(c) above, ordinary wear and tear, damage by natural elements and by circumstances over which the Government has no control, excepted) or (2) make an equitable adjustment in the lease amount for the cost of such restoration of the premises or the diminution of the value of the premises if unrestored, whichevefis less. Should a mutually acceptable settlement be made hereunder, the parties shall enter iri{o.a supplemental agreement hereto effecting such agreement. Failure to agree to any such equitable adjustment shall be a dispute concerning a question of fact within the meaning of Clause 6 of this lease: FAA Form 4423-2 Pg. 2 (11-82) Supersedes Previous Edition Lease No.; DTFA11-86-L-00155 6. (a) This lease is subject to the Contract Disputes Act of 1978 (Public Law 95-563). (b) Except as provided in the Act, all disputes arising under or relating to this lease shall be resolved in accordance with this clause. (c) (i) As used herein, "claim" means a written demand or assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or interpretation of lease terms, or other relief, arising under or relating to this lease. (ii) A voucher, invoice, or request for payment that is not in dispute when submitted is not a claim for the purposes of the Act. However, where such submission is subsequently not acted upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a claim pursuant to the Act. (iii) A claim by the Lessor shall be made in writing and submitted to the Contracting Officer for decision. A claim by the Government against the Lessor shall be subject to a decision by the Contracting Officer. (d) For Lessor claims of more than $50,000, the Lessor shall submit with the claim a certification that the claim is made in good faith; the supporting data are accurate and complete to the best of the Lessor's knowledge and belief; and the amount requested accurately reflects the lease adjustment for which the Lessor believes the Government is liable. The certification shall be executed by the Lessor if an individual. When the Lessor is not an individual, the certification shall be executed by a senior company official in charge at the Lessor plant or location involved, or by an officer or general partner of the Lessor having overall responsibility for the conduct of the Lessor's affairs. (e) For Lessors claims of $50,000 or less, the Contracting Officer must render a decision within 60 days. For Lessor claims in excess of $50,000, the Contracting Officer must decide the claim within 60 days or notify the Lessor of the date when the decision will be made. (f) The Contracting Officer's decision shall be final unless the Lessor appeals or files a suit as provided in the Act. N2 (g) The authority of the Contracting Officer under the Act does not extend to claims or disputes which by statute [d" or regulation other agencies of the Executive Branch of the Federal Government are expressly authorized to decide. rl O (h) Interest on the amount found due on a Lessor claim shall be paid from the date the claim is received by the `. Contracting Officer until the date of payment. Interest on the amount found due on a Government claim shall be paid from the date the claim is received by the Lessor until the date of payment. Interest shall be computed at ten percent (10°7o) per annum on the basis of a 365 or 366 day year, whichever applies. (i) Except as the parties may otherwise agree, pending final resolution of a claim by the Lessor arising under the lease, the Lessor shall proceed diligently with the performance of the lease and its terms in accordance with the Contracting Officer's decision. 7. No Member of Congress or Resident Commissioner shall be admitted to any share or part of this lease, or to any benefit to arise therefrom. 8. The Lessor warrants that no person or selling agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a commission, brokerage, percentage or contingent fee, except bona fide employees or bona fide established commercial or selling agencies maintained by the Lessor for the purTgse of securing business. For breach or violation of this warranty, the Government shall have the right to annul this lease without liability, or in its discretion to deduct from amounts otherwise due under this lease or other consideration, the full amount of such commission, brokerage, percentage, or contingent fee. FAA FORM 4423-2 Page 3 (8-81) Supersedes Previous Edition Lease No.:DTFA11-86-L-00155 9. All notices sent to the parties under the lease shall be addressed as follows: To the Lessor. See page 1 To the Government: See page 1 10. This lease is subject to the additional provisions set forth below, or attached hereto and incorporated herein. These additional provisions are Acritifed as follows: 1N WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date tten. d" 6 As the holder of a mortgage, dated o tq s recorded in volume ;0 U� pages (Lmor) _�. , against the above-described premises, the undersigned w' /0� hereby consent to the foregoing lease and agrees that, if while the lease is in force the mortgage is (Lersor) foreclosed, the foreclosure shall not void the lease. (Lessor) (Mortgagee) "" THE U?d"VD STATES OF By A,",MERICA r ntk . FAA FORM 4423-2 Pg. 4 (8-81) Supersedes Previous Edition RV e•1 PUBLIC AIRPORT AUTHORITY CERTIFICATE I, James R. Fritze, certify that I am the Eagle County Attorney and that Donald H. Welch, who signed said lease, was then Chairman of the Board of County Commissioners of the County of Eagle, State of Colorado; that said lease was duly signed for and in behalf of said Board of County Commissioners by authority of its governing body, and is within the scope of its powers. Done this 16th day of December, 1986. M Titl92/ Eagle County Attorney